When building or moving into a new home, occupational certificates are as necessary as clearance certificates. ... To calculate the capital gains at the time of selling any property purchased before 1981, its purchase price is now calculated on the basis of the fair market value of 1981. However the owner is not in a situation to get a certificate of occupation prior to the auction so the property is going to be offered as is. Can the property be sold without an occupation certificate? You therefore cannot legally occupy a home unless a CO exists. I would like to know that can builder get occupancy certificate without having completion certificate? Some real estate property classes include retail, commercial, residential single family and multifamily properties, mixed used property… Article by listed Attorney: Nanika Prinsloo. Most simply, city councils issue occupancy certificates to certify that buildings have been completed in accordance with approved building plans and all legal requirements, including clearance certificates. A Certificate of Occupancy, also known as C of O, signifies that a house meets all building codes and is safe to inhabit. How to Sell a Home With No Certificate of Occupancy. The CO certifies that the home has a sound structure and sufficient access to utilities to support you living there. Builder absconded and the property don't have occupancy certificate (OC) for anyone. It is not strata or house and land package. Existing Homes Have a Certificate of Occupancy. It is important to mention that most existing homes already have a Certificate of Occupancy on file with the city. If the property for sale has a swimming or spa pool, one of the following must also be attached to the contract from 29 April 2016: a copy of a valid certificate of compliance, or; a valid occupation certificate (issued in the past 3 years) and evidence that the pool has been registered, or; a valid certificate … Ultimately, the lender is at risk for default without a CO, which is why it is hard to find a lender willing to issue a loan with even a temporary Certificate of Occupancy. My client does not wish to obtain one. COs address four important purposes: Use of a Structure: The CO specifies the property’s class. Went to municipal office couple of times requesting to visit the property and provide OC, but didn't work out. As attorneys who handle many transfers of properties and sale agreement of houses, the one thing we consistently note is that many sellers are not aware of the certificates they have to supply to the purchaser when they sell the property. 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